Marti Oakley           Copyright 2012 All Rights Reserved

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In December of 2011, the Indiana Supreme Court issued a ruling so clearly unconstitutional, and one which was an outright assault on Constitutional protections and rights, that Indiana’s legislature passed a bill to void that ruling.  Governor Mitch Daniels signed the bill in March of 2012.  The new Indiana bill amends the 2006 Castle Doctrine bill.  This doctrine validates the right of citizens to protect themselves using deadly force to stop illegal entry into their homes or cars, allowing them to self-defend even against unlawful acts of law enforcement.

Indiana‘s original “2006 Castle Doctrine” met with overwhelming, bipartisan support, passing 44-5 in the Senate and 81-10 in the House.  The 2012 amendment to the 2006 Castle Doctrine was a result of the opinions issued last year by the Supreme’s in Indiana. The entire state nearly hurled at once behind this decision that included these statements:

“In sum, we hold that in Indiana the right to reasonably resist an unlawful police entry into a home is no longer recognized under Indiana law.” Indiana Supreme Court Justice Steven David said,

We believe however that a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence.”

Does it make you wonder if this justice realized that he was acknowledging the unlawful (criminal) activity of law enforcement when he stated that the citizens no longer could defend themselves from these unlawful activities?

Indiana’s state government responded by amending the 2006 Castle Doctrine, reaffirming the right of citizens to self-defense to include specifically when law enforcement is acting unlawfully and is threatening bodily harm, or unlawful trespass under color of law, or no law at all.

From: Second Regular Session 117th General Assembly (2012)

           SENATE ENROLLED ACT No. 1

AN ACT to amend the Indiana Code concerning criminal law and procedure.

(b) As used in this section, “public servant” means a person described in IC 35-41-1-17, IC 35-31.5-2-129, or IC 35-31.5-2-185.
(c) A person is justified in using reasonable force against another any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force.

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